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MATTER OF NEENAN

35 A.D.3d 475 (2006)

827 N.Y.S.2d 164

In the Matter of the Estate of KATHRYN M. NEENAN, Deceased. JEAN L. HICKEY, Respondent; ALFRED ADAMS et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 5, 2006.

Ordered that the decree is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the motion which was to set aside the jury verdict on the issue of undue influence in the interest of justice is granted, the order dated April 20, 2004, is modified accordingly, and the matter is remitted to the Surrogate's Court, Rockland County, for a new trial on the issue of undue influence...

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